Instacart, Partiful Dodge Injunction in ‘Fizz’ Trademark Lawsuit

Fizz Social Corp. failed to convince a federal judge to prohibit Instacart and Partiful Co. from using the “fizz” moniker for a delivery service while a trademark lawsuit proceeds.

Fizz Social, a social media platform boasting identity controls, failed to demonstrate a likelihood of confusion between its platform targeting college students and Fizz by Instacart, according to an order issued Monday in the US District Court for the Northern District of California. The companies’ “fizz” marks feature different colors and fonts, Judge Charles R. Breyer said, and their products “are not very related.”

Fizz Social’s app, initially called “Buzz,” launched ...